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2009 10 20 CC MinutesLA QUINTA CITY COUNCIL MINUTES OCTOBER 20, 2009 A regular meeting of the La Quinta City Council was called to order at the hour of 3:00 p.m. by Mayor Adolph. PRESENT: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT -None CLOSED SESSION 1. Conference with City's real property negotiator, Douglas R. Evans, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property located southwest of the intersection of Highway 111 and La Quinta Centre Drive. Property Owners/Negotiators: Torre Nissan, George Velarde; and Dodge City, Kent Sowell. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. a~nn P_M_ The City Council meeting was reconvened with no decisions being made in Closed Session which require reporting pursuant to Government Code Section 54957.1 (Brown Act). Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT -None CONFIRMATION OF AGENDA Council Member Sniff requested Consent Item No. 20 be moved to Business Item No. 5. City Council Minutes 2 October 20, 2009 ANNOUNCEMENTS -None PRESENTATIONS -None WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Evans to approve the City Council Minutes of October 6, 2009, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 20, 2009. 2. RECEIVE AND FILE TREASURER'S REPORT DATED AUGUST 31, 2009. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED AUGUST 31, 2009, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING SEPTEMBER'30, 2009. 4. DENIAL OF CLAIM FOR DAMAGES FILED BY MARTIN SEROTA -DATE OF LOSS: SEPTEMBER 21, 2009. 5. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 30023-5, TRILOGY, SHEA LA QUINTA, LLC. (RESOLUTION NO. 2009-079) 6. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 30023-5, TRILOGY, SHEA LA QUINTA, LLC. (RESOLUTION NO. 2009-080) 7. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31249, VILLAGE AT CORAL MOUNTAIN, ADOBE HOLDINGS, INC. (RESOLUTION NO. 2009-081) City Council Minutes 3 October 20, 2009 8. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31249, VILLAGE AT CORAL MOUNTAIN, ADOBE HOLDINGS, INC. (RESOLUTION NO. 2009-0821 9. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31627, THE RESIDENCE CLUB AT PGA WEST, NADADOR, LLC. (RESOLUTION NO. 2009-0831 10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31627, THE RESIDENCE CLUB AT PGA WEST, NADADOR, LLC. (RESOLUTION NO. 2009-084) 11. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 30023-6, TRILOGY, SHEA LA QUINTA, LLC. (RESOLUTION NO. 2009-085) 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 30023-7, TRILOGY, SHEA LA QUINTA, LLC. (RESOLUTION NO. 2009-086) 13. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 31310, DESERT COVE, 48T" AND ADAMS, LLC. 14. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 31310, DESERT COVE, 48T" AND ADAMS, LLC. 15. ACCEPTANCE OF STATE FUNDING IN THE AMOUNT OF 510,215 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTSI. 16. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE NATIONAL LEAGUE OF CITIES 2009 CONGRESS OF CITIES TO BE HELD IN SAN ANTONIO, TEXAS, NOVEMBER 10-14, 2009. 17. ACCEPTANCE OF STATE FUNDING IN THE AMOUNT OF 516,913 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS). 18. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 473, CREATING THE LA QUINTA HOUSING COMMISSION. City Council Minutes 4 October 20, 2009 19. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DUDEK TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE PIONEER PARK IMPROVEMENTS, PROJECT NO. 2009-09. 20. SEE BUSINESS SESSION ITEM NO. 5 21. ADOPTION OF A RESOLUTION ADOPTING THE APPROVAL OF THE FORM OF ,AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE, AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. (RESOLUTION NO. 2009-087) 22. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH MSA CONSULTING, INC. TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE WASHINGTON STREET WIDENING IMPROVEMENTS, PROJECT NO. 2008-18. 23. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH VA CONSULTING, INC. TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE NEW TRAFFIC SIGNAL AND STREET IMPROVEMENTS AT DUNE PALMS ROAD AND "A" STREET, PROJECT NO. 2009-10. MOTION - It was moved by Council Members Sniff/Franklin to approve the Consent Calendar as recommended and amended with the exception of Item No. 20 and with Item Nos. 5-12, and 21 being approved by RESOLUTION NOS. 2009-079 through 2009-087 respectively. Council Member Henderson referenced Item No. 21 and stated Propositions 65 and 67 have been signed by the governor. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF A FUNDING REQUEST FROM THE COACHELLA VALLEY RESCUE MISSION FOR CONSTRUCTION OF A HOMELESS SHELTER. Community Services Director Hylton presented the staff report. City Council Minutes 5 October 20, 2009 Mayor Adolph explained the City declined to participate in funding for the Roy Wilson Desert Center facility in order to provide assistance in the east side of the Valley. Council Member Evans stated she has toured both the Coachella Valley Rescue Mission and Martha's Village; and both provide several services and good work to the community. Paul Quill, 51-245 Avenida Rubio, urged the City Council to support the request by the Coachella Valley Rescue Mission. Council Member Henderson stated participants at the Rescue Mission are very grateful for the services provided; and stated some people prefer to remain homeless but most do not. She referenced potential legislation that would allow the use of Redevelopment Agency funds for homeless shelters outside the local boundaries, and suggested staff be directed to fashion language to move a bill through legislature for adoption by next year. She further suggested the City Council consider a 550,000 donation for both the Rescue Mission and Martha's Village. Council Member Franklin confirmed the donation is provided as capital to construct the facility and not for operating costs. In response to Council Member Franklin, Darla Burkett, 52-790 Avenida Alvarado, representing the Coachella Valley Rescue Mission, explained their Board has approved seeking construction management upon receiving 80% of the capital needed to build the facility. Council Member Franklin commended the Rescue Mission for a job well done. Council Member Sniff suggested the donation be issued upon the beginning of construction. Council Member Henderson agreed and suggested the City issue a pledge letter stating the contribution would be provided at the time of construction. In response to Mayor Adolph, Pete Delrio, 48-530 Capistrano Way, Vice Chairman of the Rescue Mission Board, explained their primary focus is building the facility upon obtaining 80% of the funding. Mayor Adolph stated he has spoken to both State Assemblyman Manuel Perez and Senator John Benoit regarding the need of their assistance to focus on this issue. City Council Minutes 6 October 20, 2009 Council Member Henderson stated Redevelopment Agency funds are for capital improvement and donations are made from General Funds; the appropriate place to fund homeless shelter is redevelopment funds and there is a need to allot enough time to change the legislative language. Council Member Sniff stated a pledge to each organization should be contingent upon their ability to begin construction to receive the funding. In response to Council Member Franklin, Mr. Delrio confirmed the pledge from the City would go toward the 80% funding, and stated the Coachella Valley Rescue Mission Board is in support of changing the legislation. MOTION - It was moved by Council Members Henderson/Sniff to submit a pledge letter to Coachella Valley Rescue Mission for an amount of 550,000 from the Undesignated General Reserve Fund Account No. 101-0000- 290.00-00 to be released at the beginning of construction; and direct staff to pursue a change in language to the legislation that currently prohibits use of redevelopment funds outside of redevelopment project area boundaries. Motion carried unanimously. 2. CONSIDERATION OF FUNDING REQUESTS FOR A PERMANENT EMERGENCY SHELTER AND GENERAL OPERATIONS FROM MARTHA'S VILLAGE AND KITCHEN. Community Services Director Hylton presented the staff report. Council Member Franklin asked if Martha's Village and Kitchen has raised any funds as of yet. Gloria Gomez, 83-056 Landcove, Indio, representing Martha's Village and Kitchen, stated they have received verbal commitments of 55 million with 5350,000 being received this week. She stated construction is slated to begin in 2012, and thanked the City Council for their support. MOTION - It was moved by Council Members Henderson/Evans to submit a pledge letter to Martha's Village and Kitchen for an amount of 550,000 from the Undesignated General Reserve Fund Account No. 101-0000-290.00-00 to be released at the beginning of construction; and direct staff to pursue a change in language to the legislation that currently prohibits use of redevelopment funds outside of redevelopment project area boundaries. Motion carried unanimously. City Council Minutes 7 October 20, 2009 3. CONSIDERATION OF MARKETING REQUEST FROM THE DESERT CLASSIC CONCOURS d'ELEGANCE CAR SHOW. Economic Development Project Manager Casillas presented the staff report. Paul Merrigan, 78-365 Highway 1 1 1, representing the Desert Classic Contours d'Elegance, stated they are working in conjunction with the La Quinta Resort for the event; stated the event is an established event and will bring in thousands of visitors from other states and countries; explained the financial impact will include millions of dollars of revenue; stated publication of the event has been distributed world-wide; and expressed appreciation for any support of the City Council. In response to Council Member Evans, Mr. Merrigan explained 200 cars is an average for the event; stated the participants are of the financial demographic desired to visit the area, with half of the spectators coming from the Coachella Valley. Council Member Evans further asked if the La Quinta Resort is entering into any type of agreement to provide funds for marketing of the event. Mr. Merrigan stated the La Quinta Resort is not providing a quantifiable amount but they are giving their whole-hearted support to make a successful event. Mayor Adolph asked if having three car show events in the City within a three-month period would have an impact on the success of the Contours d'Elegance event. Mr. Merrigan explained the other events are small local shows that appeal to local residents, and the Contours d'Elegance event is a world-class event. Council Member Henderson stated she supports a larger sum of funding than requested, and did not support the 55,000 grant; stated this event could be a significant event for the City; stated she preferred the event be held at a different time of the year but feels it is important to show support of the event at this time. She suggested utilizing 520,000 of cooperative marketing funds in addition to the 55,000 already provided in the grant funds for a total of 525,000. Council Member Evans noted the 55,000 grant is not subject to any restrictions. Council Member Henderson conveyed support for the staff recommendation; and requested a list of charities supported by the marketing funds. Council Member Evans stated 520,000 should be subject to the agreement terms; and explained the 55,000 is allocated by the grant program criteria. City Council Minutes 8 October 20, 2009 Council Member Franklin stated the event has the opportunity to be an outstanding event in the City; stated she would not be in agreement to providing funding if there were no funds in the marketing account; and she agrees with the terms suggested by Council Member Henderson. Council Member Sniff noted the event would be more helpful if held out of season. Council Member Evans stated the exhibitors are the visitors who have the wealth to spend in the City. Council Member Sniff stated he is willing to go along with the 520,000 allocation, and agrees with the suggestion to change the date to be more effective to the economy. Mayor Adolph stated the Concours d'Elegance has an aggressive media plan and experience to coordinate the event. Council Member Franklin asked how attendance at the event would be validated. Council Member Henderson suggested a validation requirement be included in the agreement. MOTION - It was moved by Council Members Henderson/Franklin to approve a marketing request from Desert Classic Concours d'Elegance for 520,000 from the marketing service account; and direct staff to prepare a professional services agreement for City Council approval that includes a requirement for validation of attendance. Motion carried unanimously. 4. CONSIDERATION OF AN APPOINTMENT TO THE CVAG ENERGY AND WATER CONSERVATION SUBCOMMITTEE. City Clerk Montecino presented the staff report. MOTION - It was moved by Council Members Henderson/Franklin to authorize the City Manager to appoint a staff member to serve on the CVAG Energy and Water Conservation Subcommittee; and the representative to report any subcommittee action to the City Manager. Motion carried unanimously. City Council Minutes 9 October 20, 2009 5. CONSIDERATION OF PURCHASE MAINTENANCE EQUIPMENT FOR SILVERROCK RESORT AND ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM JOHN DEERE EQUIPMENT Community Services Director Hylton presented the staff report. In response to Council Member Sniff, Community Services Director Hylton explained the City has an agreement with Landmark to provide personnel for daily maintenance of the equipment. Golf & Park Landscape Manager Howlett added Landmark has a certified John Deere mechanic on staff. He stated the equipment is currently maintained and in good condition but some reels from the mowers have reached their five-year life span. He stated new equipment would have afive-year or less life span and the life span of equipment other than mowers is ten years; and stated not all of the equipment needs to be replaced at this time. In response to Council Member Sniff, Randy Duncan, General Manager and Director of Golf at SilverRock, explained the City originally had two different leases; one for long-term use equipment and another for five-year life span equipment. He stated 90% of the golf courses in the Valley use John Deere and Torro equipment because of their life span; confirmed only a portion of the equipment is being replaced; stated he is unsure of the current value of the equipment being replaced, but the original purchase price was between 5700,000 to 5800,000. Willie Lopez, Golf Course Superintendent, confirmed the request is to replace equipment that is worn out. Council Member Sniff asked if staff is convinced it is better to purchase the equipment rather than lease it for five years. Mr. Duncan stated staff has considered different scenarios and concluded that the recommended option in the staff report is best; and explained there is a savings of 5240,000 in lease payments annually if the equipment is purchased. Mr. Lopez explained the City will own the equipment with along-term life span for $1 at the end of the lease; and the equipment with more use hours will not have any value at the end of the lease. Council Member Franklin questioned the benefit of purchasing equipment if the life span is only five years. Mr. Duncan explained the salvage value is calculated by the bank at the end of the lease, whereas in purchasing equipment, the salvage value is considered upon purchasing new equipment at the end of the five-year life span. City Council Minutes 10 October 20, 2009 In response to Council Member Henderson, Mr. Duncan confirmed the per- year cost of purchasing equipment with a potential life span of five years is approximately $150,000 and the per-year cost for leasing the equipment is $180,000; and not all of the equipment may have to be replaced at the end of five years. Council Member Henderson stated when she was in the construction business they purchased all of their equipment, and she supports purchasing this equipment. She compares it to the recent City Council action of paying off the liability with CaIPERS. City Manager Genovese explained in that action the City Council approved utilizing funds to decrease on-going operational costs by buying-off a future liability with the PERS expense, which is similar to this proposal. Council Member Evans asked if the equipment utilized for the Bob Hope Classic is an additional purchase or included within the lease. Mr. Duncan stated the John Deere Company has been very accommodating with utilizing specialized equipment for the Bob Hope Classic. Council Member Evans suggested staff be directed to review the cost savings for SilverRock; and conveyed support for the staff recommendation. Council Member Sniff questioned the need for a certified mechanic if new equipment is purchased. Mr. Duncan explained not all of the equipment is new; and the mechanic is constantly providing general maintenance of the equipment. Council Member Franklin stated golf courses generally lease equipment and asked why staff wants to purchase it. Community Services Director Hylton stated staff came to that determination after reviewing the lease agreement. In response to Council Member Franklin, Mr. Duncan stated the City of Indian Wells purchased their equipment; and stated Palm Desert currently leases the equipment at Desert Willow and will be purchasing their equipment at the end of the lease. Mayor Adolph noted at the end of a lease you have nothing, whereas with purchasing the equipment you own it; stated preventative maintenance conducted on a daily basis extends the life of equipment; commended Landmark for management of the golf course; and conveyed support for the staff recommendation. Council Member Sniff stated part of the choice is whether we advance $756,000 or pay approximately $150,000 annually. City Council Minutes 11 October 20, 2009 MOTION - It was moved by Council Members Evans/Henderson to approve the purchase of maintenance equipment for SilverRock Resort with John Deere through the California Multiple Award Schedule (SMAS) Program and adopt Resolution No. 2009-088, accepting a donation from John Deere Equipment. Motion carried by a vote of 3-2, Council Members Franklin and Sniff dissenting. STUDY SESSION -None REPORTS AND INFORMATIONAL ITEMS Palm Springs Desert Resort Communities Convention & Visitors Authority - Council Member Evans reported efforts in terms of leads in occupancy rates is slightly below the proposed budget. CVAG Public Safety Committee - Council Member Henderson reported the Committee received a comprehensive presentation on the H 1 N 1 Program; and she made a report available to the City Council. CVAG Transportation Committee -Council Member Henderson reported CVAG has embarked on a regional communication information awareness campaign on the five interchanges, and that the Executive Committee approved the funding. Riverside County Transportation Commission -Council Member Henderson stated they continue to receive information on the high speed rail and that the San Jacinto line will receive a new set of tracks in two years. League of California Cities -Council Member Henderson reported Propositions 65 and 66 were passed by the Legislature and signed by the Governor; the next Riverside County Division dinner will be held November in Rancho Mirage and she encouraged the City Council to attend all six regional meetings this next year in support of the Division. C. V. Conservation Commission -Council Member Sniff reported the Commission will discuss the $1.1 million participation funding from Desert Hot Springs at the next meeting. All other reports were noted and filed. City Council Minutes 12 October 20, 2009 DEPARTMENT REPORTS 1-B. UPDATE ON GREEN AND SUSTAINABLE LA QUINTA PROGRAM. In response to Council Member Henderson, Assistant City Manager- Management Services Plumlee stated the Green and Sustainability Report is provided to the City Council on a quarterly basis; and confirmed report updates are provided to The Desert Sun news reporter. City Manager Genovese stated staff can make the news reporter aware of the quarterly reports in addition to the updates. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Franklin commented on the importance of showing respect for each Council Member during the meetings, which she felt was not demonstrated at this meeting. PUBLIC HEARINGS -None ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Evans to adjourn. Motion carried unanimously. Respect Ily submitted, v~nri r. ui+n ~ ww City of La 'VTECINO, City Clerk California